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HomeMy WebLinkAboutResolution - 2023-R0274 - Contract 17230 with Johnston Technical Services, Inc. 5.23.23Resolution No. 2023-RO274 Item No. 5.36 May 23, 2023 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Service Contract No. 17230 for Radio Tower services, by and between the City of Lubbock and Johnston Technical Services, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on ATTEST: �XAN� y Covitney Paz, City cretary APPROVED AS TO CONTENT: Brooke Witcher, Assistant City 01MV May 23, 2023 City Attorney ccdocs/RES.Contract-Johnston Technical Services May 16, 2023 Resolution No. 2023-R0274 City of Lubbock RFP 23-17230-DH Radio Tower Services Agreement Contract 17230 This Service Agreement (this "Agreement") is entered into as of the 21day of May 2023 ("Effective Date") by and between Johnston Technical Services, Inc. (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals 23-17230-DH, Radio Tower Services and WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best meets the needs of the City for this service; and WHEREAS, Contractor desires to perform as an independent contractor to provide Radio Tower Services, upon terms and conditions maintained in this Agreement; and NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Contractor agree as follows: City and Contractor acknowledge the Agreement consists of the following exhibits which are attached hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory provisions: 1. This Agreement 2. Exhibit A — General Requirements 3. Exhibit B — Price Proposal Sheet 4. Exhibit C — Insurance Requirements Scope of Work Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all the applicable requirements set forth in Exhibit B and Exhibit C attached hereto. Article 1 1.1 The contract shall be for a term of one (1) year, with the option of four (4), one (1) year extensions, said date of term beginning upon formal approval. The contract may be renewed for up to four (4) additional one (1) year terms under the same term and conditions upon written agreement from both parties. 1.2 All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be determined by actual need. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. 1.3 The Contractor must maintain the insurance coverage required during the term of this contract including any extensions. It is the responsibility of the Contractor to ensure that valid insurance is on file with the Purchasing and Contract Management Department as required by contract or contract may be terminated for non-compliance. 1.4 A) Prices quoted shall be guaranteed for a period for six (6) months upon City approval. The rate may be adjusted at the City's discretion for the effective change in Consumer Price Index (CPI) or Product Price Index (PPI) as appropriate. B) Further, if the Contractor can provide documentation for actual charges for material, labor, etc. that demonstrates that the change in CPI or PPI is not sufficient, the Contractor shall provide such documentation to the City, and at the City's sole discretion, the contractual rate may be further adjusted. If agreement regarding a new rate cannot be reached, the City shall terminate at the end of the current contract period. C) If an adjustment to pricing is granted under this section, the Contractor must provide the Director of Purchasing and Contract Management written, quarterly documentation to justify the ongoing adjustment. If no such documentation is timely received, the rate will automatically revert to the initial, awarded rate. 1.5 This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2) performance of services ordered, or (3) termination of by either party with a 30 day written notice. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. Article 2 Miscellaneous. 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance with the laws of said State, without reference to choice of law provisions. 2.2 This Agreement is performable in, and venue of any action related or pertaining to this Agreement shall lie in, Lubbock, Texas. 2.3 This Agreement and its Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original. 2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby. 2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of any parties otherwise to insist upon strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perform. 2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives and successors and may be assigned by Contractor or the City to any successor only on the written approval of the other party. 2.8 All claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, shall be formally discussed and negotiated between the Parties for resolution. In the event that the Parties are unable to resolve the claims, disputes, or other matters in question within 30 days of written notification from the aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at law or in equity. 2.9 At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within 30 days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 2.10 The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 2.11 The contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof of insurance from the Subcontractor that complies with all contract insurance requirements document, this provision shall control. 2.12 Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 2.13 Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. 2.14 Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. 2.15 No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 2.16 Texas Government Code 2274. By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. 2.17 Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. 2.18 Confidentiality. The Contractor shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. 2.19 Indemnify. The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials, officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any kind, character, type, or description, including without limiting the generality of the foregoing, all expenses of litigation, court costs, and attorney's fees, for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, to the extent arising out of, related to or occasioned by, the negligent acts of the Contractor, its agents, employees, and/or subcontractors, related to the performance, operations or omissions under this agreement and/or the use or occupation of city owned property. The indemnity obligation provided herein shall survive the expiration or termination of this agreement. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. APPROVED AS TO CONTENT: James Brown, Informati echnology Director CONTRAC OR BY: V4 orized Representative John Thompson Print Name 5310 S. Cockrell Hill Road Address Dallas, TX 75236 City, State, Zip Code GENERAL REQUIRMENTS STATEMENT OF WORK I. INTRODUCTION The City of Lubbock is issuing this Request for Proposal (RFP) under the guidelines of a High -Technology RFP, and the award of the contract shall be made to the responsible vendor whose proposal is determined to be the best evaluated offer resulting from negotiation, taking into consideration the relative importance of price, qualifications, experience, references, local support and service, and other evaluation factors set forth in the request for proposal. Receipt of any proposal shall under no circumstance obligate the City of Lubbock to accept the best price offering. a) The City of Lubbock (hereinafter called "City") is seeking proposals from interested firms and individuals, (hereinafter called "Proposer") to provide Radio Tower Services. b) Offerors are invited to submit demonstrated competence and qualifications of their firm for providing these services. c) The information contained within this document is intended to provide interested firms with the requirements and criteria that will be used to make the selection. 2 PROJECT DESCRIPTION 2.1 The City of Lubbock also owns and operates multiple radio towers in Lubbock, one in Lake Allen Henry, and one tower in Bailey County. 2.2 The City of Lubbock is seeking to secure the services of a primary and secondary qualified firm to assume maintenance, repair, and inspection activities of the radio towers, antennas, tower lighting, and associated equipment in order to maintain the integrity of the radio communication network for the City on an "as needed" basis. 3 SCOPE OF WORK 3.1 Under the provisions of this contract, the contractor shall provide all labor, equipment, tools, vehicles, and industry standard safety gear to perform installation and repair work to the facilities and equipment described above in Section 2. 3.2 The listing of towers: • Sunset Tower - 29a' and Farm Land West Edge of Town • Sunrise Tower — 301 E. 231d • Slide Tower — 7828 Slide Rd • Municipal Hill Tower 302 Municipal Drive 3.3 The contractor shall perform Radio Tower Services as specified on a as needed basis and upon request from the requesting department authorized personnel. a. Replace light bulbs. b. Repair and/or replace high intensity strobes. c. Repair and/or replace Led Flashers. d. Paint towers when required. e. Repair and/or replace coax cables of various sizes. f. Replace defective antennas. g. Remove unused tower equipment to reduce wind loading. h. Repair ground cabling as required. i. Perform install of tower equipment as needed. j. Perform any other tower work that may be required. k. Install dish and service Exhibit A GENERAL REQUIRMENTS STATEMENT OF WORK 1. INTRODUCTION The City of Lubbock is issuing this Request for Proposal (RFP) under the guidelines of a High -Technology RFP, and the award of the contract shall be made to the responsible vendor whose proposal is determined to be the best evaluated offer resulting from negotiation, taking into consideration the relative importance of price, qualifications, experience, references, local support and service, and other evaluation factors set forth in the request for proposal. Receipt of any proposal shall under no circumstance obligate the City of Lubbock to accept the best price offering. a) The City of Lubbock (hereinafter called "City") is seeking proposals from interested firms and individuals, (hereinafter called "Proposer") to provide Radio Tower Services. b) Offerors are invited to submit demonstrated competence and qualifications of their firm for providing these services. c) The information contained within this document is intended to provide interested firms with the requirements and criteria that will be used to make the selection. 2 PROJECT DESCRIPTION 2.1 The City of Lubbock also owns and operates multiple radio towers in Lubbock, one in Lake Allen Henry, and one tower in Bailey County. 2.2 The City of Lubbock is seeking to secure the services of a primary and secondary qualified firm to assume maintenance, repair, and inspection activities of the radio towers, antennas, tower lighting, and associated equipment in order to maintain the integrity of the radio communication network for the City on an "as needed" basis. 3 SCOPE OF WORK 3.1 Under the provisions of this contract, the contractor shall provide all labor, equipment, tools, vehicles, and industry standard safety gear to perform installation and repair work to the facilities and equipment described above in Section 2. 3.2 The listing of towers: • Sunset Tower - 29th and Farm Land West Edge of Town • Sunrise Tower— 301 E. 23`d • Slide Tower — 7828 Slide Rd • Municipal Hill Tower 302 Municipal Drive 3.3 The contractor shall perform Radio Tower Services as specified on a as needed basis and upon request from the requesting department authorized personnel. a. Replace light bulbs. b. Repair and/or replace high intensity strobes. c. Repair and/or replace Led Flashers. d. Paint towers when required. e. Repair and/or replace coax cables of various sizes. f. Replace defective antennas. g. Remove unused tower equipment to reduce wind loading. h. Repair ground cabling as required. i. Perform install of tower equipment as needed. j. Perform any other tower work that may be required. k. Install dish and service 3.4 The contractor shall coordinate with the City's representative to determine a priority listing of all equipment that need immediate repair or replacement. No work shall be performed without advance approval of the City's representative. The contractor shall provide a written cost estimate for all labor, parts, and equipment to the City's representative prior to beginning any work. 3.5 Once a priority list has been prepared by the contractor and approved by the City's representative, the contractor shall begin work to repair all items listed. 3.6 The contractor shall perform a full visual inspection of each tower or structure prior to performing any work on the structure to insure a safe ascent. Contractor shall note the condition of the structure and record any structural defects. In all instances, industry safety standards must be followed by all parties. 3.7 The City of Lubbock makes no guarantee of continuation of tasks. There may be periods of time when no work is requested of the contractor. The City understands that all work requested by the City may be subject to the current work load of the contractor. The contractor shall make reasonable effort to schedule requested work in a timely manner for the City. The City shall make reasonable effort to schedule work in advance to avoid scheduling conflicts with the contractor. 3.8 After all requested work has been completed for any tower the vendor shall submit a full written report of overall condition of the structure, citing any deficiencies of the structure or peripheral equipment installed on or around the structure. 4 EMERGENCY REPAIR 4.1 During the time this contract remains in effect, the vendor shall provide emergency repair services upon request by the City's representative. 4.2 When possible, all work shall be performed during normal business hours, Monday through Friday between 8:00 A.M and 5:00 P.M. However, situations could arise that may require immediate assistance during nights, weekends, or holidays. Vendor shall maintain a commitment to provide repair services during the entire term of this contract. Regular and overtime rates shall be clearly stated in the bid and shall include all labor, truck, and equipment costs. Replacement items shall be quoted as the need arises. The vendor agrees that these stated charges shall apply when invoices are prepared. 5 SAFETY 5.1 Vendor shall be responsible for maintaining a safe worksite. All workers on each crew shall adhere to safety practices using industry standards and OSHA requirements, as minimum. Crew foremen may make additions or improvements to minimum safety standards if, in his opinion, the worksite will be safer by doing so. Safe work practice shall be enforced by the vendor's company representative. Workers that do not follow safe work practices shall be excused from the job and asked to vacate the premises. 5.2 City personnel that approach the job site shall adhere to the same standards as the crew performing the work. The crew foreman shall have the authority to request all persons on the job site to adhere to these standards or vacate the job site. 5.3 Vendor shall ensure that all workers on the job site are fi-ee of substance abuse. If the contractor has strong suspicion that any of their employees are under the influence of drugs or alcohol, it shall be the responsibility of the foreman to excuse the worker from further duty and dealt with according to the contractor's disciplinary procedures. if a City representative suspects use of drugs or alcohol by the Contractor or their employees, the City representative shall bring the matter to the attention of the firm's owner immediately. All bidders shall include information as to their respective company's substance abuse policy and / or random substance testing for their employees when bids are submitted to the Purchasing Department at bid closing. 6 JOB CLEANUP 6.1 Upon completion of all work at each work site, the vendor shall remove all debris and rubbish. No trash or discarded materials of any type shall be buried or left anywhere on the property. 6.2 All empty containers shall be properly disposed of according to manufacturer recommendations. 7 WORKMEN QUALIFICATIONS 7.1 The contractor shall ensure the following requirements for personnel and equipment to be enforced while working on City of Lubbock owned towers. a. The contractor shall furnish a current and valid copy of their certification from a company qualified in certifying tower climbers (any qualified U.S. Company) with their proposal. In the event that the license expires during the term of the contract, it will be the contractor's responsibility to provide the owner with a copy of the updated license within fifteen (15) days of renewal. Failure to provide said copy shall be grounds for termination of the contract. b. Certified and/or main rated hoists are to be used. c. Certified and/or chartered gin poles are to be used. d. Certified and/or man rated man basket to take technicians up and down the tower as needed. e. OSHA approved climbers harness are to be used. f. The contractor must be able to provide evidence of insurance when working at all heights required by the City of Lubbock. g. Vendor has to be certified by TWR Lighting Systems to work on the Lighting Systems that are on the City of Lubbock Towers. 7.2 The contractor shall supply a minimum of three (3) commercial account references with their proposal. All references shall be firms with whom the offeror's has provided services in the past three (3) years. 8 SITE ACCESS 8.1 Access to City facilities are controlled by City employees. Where applicable, vendors shall sign in before beginning work and sign out each work day. All workers on all crews shall be listed on the sign -in sheets. 8.2 Site access shall be gained through coordination with the City representative(s). The City representative shall provide access for the contractor by unlocking all necessary locks to allow the contractor sufficient access to perform requested work. The City representative shall ensure that all facilities are locked and secured at the end of each work day. 9 PAYMENT 9.1 Upon completion of each work assignment, the Vendor shall provide full disclosure statements of work completed and total invoicing for the time period. Invoices shall accurately describe the correct location, materials expense, labor expense, and mileage expenses separately by line item and include a grand total for all work performed. Workmen names and titles shall also be listed on the invoice. 9.1 Within 30 days of invoice date, the City shall pay the invoice in full, barring any discrepancies. Any questions or discrepancies must be addressed immediately and resolved promptly between the Vendor and the City's representative. 10 COST PROPOSAL 10.1 Prices shall include travel required to and from respective sites. Of eror's pricing, per hour, shall include service call charge, all of the overhead overhead, including, but not limited to, trip related charges and mileage. Only the cost of the inspection, maintenance, repair will be paid under this proposal. The services is on a " as -needed" basis. The offeror shall submit pricing on Price Sheet. Repairs and New Installations Firm Quotes: The City will request price quotes for new installation and repair projects. The quotes shall be firm pricing and are not to exceed the specified amount quoted for any specific project unless the scope of the project changes and the change order(s) are approved in writing by the respective City department. Contractor shall provide the City with a written proposal detailing the scope of services and providing the cost for the proposed work utilizing accompanying Attachment A. The quotes must utilize the contracted labor rates and contracted materials cost plus markup. The omission, within a bid submittal, of specific reference to any equipment, materials, or labor necessary for performance of contract per specifications, shall not relieve contractor of responsibility for furnishing such equipment, materials or labor. The Contractor shall assign only the necessary personnel to complete the required work. The City Department representative reserves the right to question and audit the number of personnel assigned to a particular job and the number of hours that are being billed. At the time the work order is issued, Contractor must inform the requesting City Department representative of the approximate start -time and estimated job completion time. Contractor must handle any call-backs at no additional charges unless charges are authorized by the requesting City Department representative. Contractor's work must be completed to the satisfaction of the using department. Payment may be withheld until work is done in a satisfactory manner. Tools/Equipment: All tools and equipment necessary to perform contract work shall be provided by the Contractor. Equipment Rental/Lease: No separate charges shall be allowed for rental/lease of equipment unless specifically approved by the City Department representative. Permits: All work shall comply with all applicable state and local codes and ordinances, as well as any other authorities that may have lawful jurisdiction pertaining to the work specified. The contractor shall procure all necessary permits or licenses to carry out his work, and shall pay any applicable fees for permits or inspections. There is no charge for City permits for services being performed on City property. Contact Person: The Contractor shall designate one of its employees to function in the role of primary contact person. The contact person shall be the liaison for the Contractor for the term of the agreement, and shall handle issues, problems, or questions arising from the performance of services. Warranties: All work shall be guaranteed a minimum of thirty (30) days after final acceptance by the department of any of the services, including any and all installations, repairs, additions, components or parts thereof, - The City will use its best efforts to notify the Contractor during the warranty period if any repair or installation is not in good working order. - For new installations, Contractor shall provide full manufactures warranty to the City. - The Contractor shall provide and bear the cost of all labor, material, cost of transportation, and insurance required to meet its obligations under this warranty. - The Contractor shall either repair or replace at the City's sole option any installation, equipment, or component part not in good working order, at no additional cost to the City. Additional Requirements Labor: Based on contracted hourly rate, time invoiced shall be for actual time worked subject to verification/documentation approved by the City Department. Contractor may not exceed contracted hourly rate. Should after hours/holiday hours be necessary or indicated, it shall be performed only after obtaining specific authorization from the respective City Department. Unauthorized after hours/holiday pay will not be paid. No Additional Charges Allowed: No charges, such as miscellaneous charges, environmental charges, fees, etc. will be paid by the City of if not listed in your bid response. However, charges imposed by the State of Texas or Federal Government after the bid award will be honored. Any additional charges listed in your bid response will be taken in consideration as part of the award evaluation. Disposal of Refuse: Contractor shall clean the site and dispose of all refuse at a Texas Commission on Environmental Quality (TCEQ) approved. Exhibit B City of Lubbock RFP 23-17230-DH Radio Tower Services Price Proposal Sheet Item Description #1-1 Labor Rates (8:OOAM - 5:OOPM, Mon -Fri) #1-2 Emergency Labor Rates #1-3 Weekend Hourly Rate #1-4 After Hour Rate #1-5 Material Mark up Johnston Technical Services Location Dallas, TX Total $2,600.00 Quantity Required Unit Total UOM Price Cost I Per Hour $600 $600.00 1 Per Hour $700 $700.00 1 Per Hour $650 $650.00 1 Per Hour $650 $650.00 1 Percentage 2006 20% Vendor Acknowledgement In compliance with this solicitation, the undersigned offeror having examined the request for proposal, instructions to offerors, documents associated with the request for proposals, and being familiar with the conditions to be met, has reviewed the information regarding: • Insurance Requirements • Suspension and Debarment Certification • Texas Government Code Section 2252.152 • Texas Government Code Section 2271.002 • Texas Government Code 2274 • Federal and State Regulations • Master Agreement An individual authorized to bind the company must sign the following section. Failure to execute this portion may result in proposal rejection. Authorized Signature Thomas Emerick Print/Type Name JTS Company Name Vice President/Co-Owner Title 4/18/2023 Date 5310 South Cockrell Hill Road Address Dallas, TX 75236 City, State Zip Code Contact for questions, clarifications, etc. Name and Title: Kyle Fuller, Business Development Manager Mailing Address: 5310 S. Cockrell Hill Road City, State, Zip: Dallas, TX 75236 Telephone No: 972-620-1435 Fax No: WA E-Mail: sales@jts.net Insurance Requirements Exhibit C Commercial General Liability Requirements: $1 M occurrence / $2M aggregate (can be combined with an Excess Liability to meet requirement). CGL is required in ALL contracts. It is perhaps the most important of all insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage for contractual activities and for completed operations. Commercial General Liability to include Products — Completion/OP, Personal and Advertising Injury, Contractual Liability, Fire Damage (any one fire), and Medical Expenses (any one person). Automobile Liability Requirements: $1M/occurrence is needed Professional Liability Requirements: $1M occurrence / $2M aggregate Workers Compensation and Employer Liability Requirements: Statutory. If the vendor is an independent contractor with no employees and are exempt from providing Workers' Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license.. Employer Liability ($1 M) is required with Workers Compensation. Carrier Cargo Liability Requirements: Motor Carrier Cargo Insurance is required for this project and must cover, at minimum, the value of the full load that is being hauled. * The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non-contributory basis on all liability policies except professional liabilities and workers' comp. * Waivers of Subrogation are required for CGL, AL, and WC. * To Include Products of Completed Operations endorsement. * Carrier will provide a 30-day written notice of cancellation, 10-day written notice for nonpayment. * Carriers must meet an A.M. Best rating of A- or better. * Subcontractors must carry same limits as listed above. CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2023-1017174 JTS Dallas, TX United States Date Filed: 05/08/2023 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 05/15/2023 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 17230 Radio Tower Services Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Thompson, John Dallas, TX United States X Fuller, Kyle Dallas, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Fnrms nrnvirierf by Texas Ethics Cnmmissinn www.ethics.state.tx.us Version V3.5.1.7bd706d4 CERTIFICATE OF INTERESTED PARTIES 1295 FORM lofl Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2023-1017174 JTS Dallas, TX United States Date Filed: 05/08/2023 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 17230 Radio Tower Services Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling I Intermediary Thompson, John Dallas, TX United States X Fuller, Kyle Dallas, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is John Thompson and my date of birth is My address is 5310 S. Cockrell Hill Road Dallas TX 75236 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Dallas County, State of Texas on day of May 2023 . 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